Usually in small claims if it is under the max amount in your state (usually around 10-15k). I understood and said whatever wood you do your fence we can get. I had not notified him yet of the contractor doing the job as it just got scheduled. If you dont approve of this my advice would be to split the cost equally in which you will probably have to agree to alternate panels or build a good neighbor fence. I am a single mother, this is my 1st home and I just cant afford $3500. How is this even possible? I just had a fence erected between me and my neighbor. I told him I would also throw my neighbor a bone. The fence is about 6 inside our side of the property line and is about 15 feet long, extending from our backyard gate towards the front yard/street. Most likely your neighbor did it purely for aesthetic reasons, and that is not a valid reason if he wished to be reimbursed for half the costs down the road. Anyway, can they sue me for 1/2 the cost of this ? Exposed Wall Height is the vertical distance measured from the finish grade at the bottom of the wall (i.e. Retaining wall law | Legal Advice - LawGuru My relationship with this neighbor is not good. I never paid any attention to it until he but he recently attached a 3 foot rod iron fence to extend the fence to the sidewalk in which he put on his property. She has to get three separate estimates and then you two can agree as to which company to go with. As far as extending the fence, as long as it was built on the boundary line between your two properties, I do not see why you couldnt continue the fence off the post where he ended the one he built. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. To check your legal obligations and responsibility regarding retaining walls, you should contact the Building Department at your local council office. Call Now (925) 405-7658[email protected] RC Fences and Decks Est. In short, the law says that the lower neighbor "owes" support to the upper/higher neighbor. Next door landlord(just purchased the land) approach me daughter of owner of the house & ask to sloppy cost on shared fence that was very water damaged. The most common dispute is who will incur the costs and whether or not there should be a shared responsibility due to the equal benefit the fence will have. I contracted with a contractor to do the job this month and let the brother know 2 months ago I did this because he never responded with a quote and I can finance the fence with the contractor and the homeowner is not responding. Cindy, I am sorry to inform you but your neighbor is correct in this situation. If they bear the cost, its probably not my business; but if we share the cost, is it reasonable for me to ask my neighbor to remove the trees before repairing (or replacing) the fence? Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! There are many reasons disputes may arise between neighbors when it comes to fences. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? The fence falls after he rent it out to another family who as well as me has 3 large dogs. I want to get this done the sooner the better and he has not giving me a response since December 2020. whose property is the retaining wall actually retaining? Retaining walls of 50 feet or more typically cost between $4,000 and $10,000. The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. Do not do so! Sager v. O'Connell :: :: California Court of Appeal Decisions Labor costs for . Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. The existing fence isnt bad at all. The fence needs to replace much of it because of the poor maintenance on my neighbors side. We asked if we could pay for a gate to be put into the fence at our cost so we could have access to the area. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. who takes overall responsibility for all aspects of the design and field reviews for the Retaining Wall. What i am doing after reading your sites info: Thanks for any time you spend reading about my situation. 30 years ago, the original owner of this neighboring house decided to build a 2-to-4 foot retaining wall (30-feet long) at his cost without consulting with me. Code 841, but my fear is that after having a letter certified to her, she will either ignore it or refuse after the 30 days. We are buying land. He has the responsibility to pay for half of a fence between yards. It sounds like you own a condo and that it might be a party wall. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . So you are presented with the same predicament? I talked to the contractors and they felt bad no notice was given. I suggest that you not continue the repair until it is determined who is responsible. He said he could not pay half only $600. If the project requires consultation with a structural engineer, hourly charges range from $100 to $200 per hour. This was attached to the existing sideyard fence that was part of the developments construction. You do not absolutely share the cost of the fence. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. In fact once you file the small claims suit and he is served most people will end up paying then because they dont want the hassle of going to court and they realize they will likely lose anyway. Anyway, now that I told my story, I want to get your opinion on whether or not I was within my rights (morally and legally), to refuse to pay for a decorative front yard fence that solely compliments his landscape and is not standard in our neighborhood (even though I did end up paying). Redwood trees at top of slope in his his corner hides the fencing in this area. PDF IR 16-3: EARTH RETAINING SYSTEMS WITH PRECAST CONCRETE OR - California What fees must I pay? I wasnt even the owner when he decided to build the block fence. He did not cut the wood to fit the slope setting the first panel adjacent to backyard neighbor fence up off the ground, leaving a large, hollowed out, open area in the slope on my side which now will cause erosion, and I believe failure of the fence when winter comes. Retaining wall responsibility My neighbors are claiming that an existing retaining wall that is failing is on my property and that I am 100% responsible for it. I don't agree with Mr. Olden. 200 from either boundary. 3 quotes in the table. Our situation is somewhat different then what I have yet read. My husband wants to put the planks on our side. According to the law, you do have the responsibility to pay for half of a shared fence. Can my neighbor legally stop me from replacing the fence until we do a survey? area let me know and Ill go talk to him! They have the planks on their side and our side has the 2x4s. The neighbors stated that we are not allowed to starting the siding job until a agreement drawn by them signed by our contractor, me/owner, and the 2 Structure footings supported by the retained soil Failure of your wall could lead to landslides or other unfortunate occurrences. 12. and municipalities are committed to developing vibrant urban forests. Some retaining walls are structurally necessary, others are purely for looks. You might want to contact legal counsel to review this matter. We deal solely with fences and decks and not siding, etc. Adjacent vehicle loads supported by the retained soil Solid fences that are attached (or directly adjacent) to a retaining wall also impose additional lateral forces on a retaining wall when wind pressures act on the fence. They have their vinyl fence and we have our wooden fence (though not economically sound). Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. There is a brick wall between me and my neighbor. Should you have any questions, please stop by the public counter of the Building permit section of the City Hall. You need to stand your ground, tell him you will not be paying for any of the costs of the wall, or anything else for that matter. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. They have refused, saying that that dont want us to have free access to their property-we would literally only have to take 4-5 steps on their property to get to our our property under the stairs. The neighbor and his fence company will then need to do what any reputable company would do and fix it to make sure both adjoining neighbors are 100% satisfied with the final fence. I did not understand exactly but saw it was the same price and pressure treated, etc. I text him to have proof and he calls me to answer do I have no write that he agree to go half. A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. All other retaining wall construction will require a separate Building Permit. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . a picture frame fence since it looks the same from both sides, or when a basic nail-up fence is built with alternating panels, hence both neighbors get equal shares of the bad and good sides. Practical Uses & Property Aesthetics He then re does his 3 sides but not our shared said nor buy material for it or even ask us to go half for the cheaper material. A week later, I came home to find a for sale sign in his lawn. and defecate on them. I sent a link to a fence I had received an estimate on: This fence was panels with lattice on top from Lowes to replace the falling down fence that was not panels but simply boards but would match the rest of the shared fence. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. Here is a short section of the actual law to better explain what I mean by this: Boundary fences sit on the boundary line between two properties. Of course, like many laws there are exceptions. then more than likely a judge is going to side with you. Sloping retained soil (Personally, I think we paid for the whole fence for him.) I am very concerned the wall could fall. We cant move forward with the project without the fence removed. for court! text messages, etc.) She does not want to do it that way. Make a demand to the neighbor for half of the costs. I appreciate your advice. If this sounds familiar then your in the right place and your problem is soon to be solved with The California Good Neighbor Law also referred to as California Civil Code 841 or The Good Neighbor Fence Act of 2013. Do they have the right to force us to sign their agreement to allowour work to start? I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. Sheets of steel are driven pneumatically in to soft soil in the tight access or flood zones to create an area of excavation, Its Usually deigned by a Structural Engineers, some times including tie backs. I have owned my house since it was built, in the early 70s. Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. All other retaining wall conditions such as taller walls, tiered walls, and/or walls supporting sloping backfill (or other surcharges) will generally require a building permit. When tiered walls are not properly offset from each other, the upper wall may impose a surcharge condition on the lower wall. As an example, two tiered retaining walls each with an exposed wall height of 3 feet, and level back fill that are horizontally offset by a distance of 2 feet would be treated as a single 6 foot tall wall and as a result, a building permit would be required. I know I cant remove the 3 foot rod iron fence because it is totally on his property but can I remove the 6 foot fence that is on my property? But, our neighbor says that vinyl fence is the cheapest. Can I do half of the fence and they can do half of the fence? You must pay building, plan check, geotechnical, microfilm, and filing fees. What can I do Im being harassed. Then it will be for a judge to decide the matter! I hope the business property has to clean up and replace it. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). The second reason was the. Plot Plan showing the location, extent, and height of the retaining wall in relation to any building structure, pool, property lines and public utility easements. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? are frequently available from local building supply warehouse stores. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! That neighbor has since moved and a new owner bought the house as a rental property. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). Retaining wall is which neighbor's responsibility in San Francisco, CA It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . At the very least they are very cheap, which would mean an inferior crappy fence that isnt going to last as long as it should! For example, if the lower wall is three-feet . Will we need to pay? The fence needs to be repair. How do I keep the gap clear or how can I get my neighbor to allow a new fence on the property line (since he has 2 large dogs it cant come down without his participation)? The panel sits at about 8-9 ft off the ground. Any thoughts not input would be greatly appreciated. We were both in agreement to pay half each. A retaining wall supports the land and is designed from bricks, timber, masonry, concrete bags, or suitable material. They want us to pay for 1/2 of the repair. The fence does not enclose their front yard but is still a neighboring fence. 1. It benefits the homeowners as they now have a legal route to take to replace their fences, which obviously is exactly the reason the law was created! Joel I wish I could be of more help but this is a question outside my area of knowledge. It seems irresponsible to not include other information that might leave you stuck with the bill. Thank you for your comment/ queston! Is Uphill Neighbor Responsible For A Retaining Wall? (Find Out Now!) At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. The fence currently keeps the neighbors (lot to the east) cattle in. My husband nailed planks on the fence to cover the 2x4s. That is, if you're talking about retaining wall ideas in your landscape design. Fight it until the very end! So, if you have a hillside property, then you are responsible for ensuring that the soil on the slope on your property is effectively restrained with retaining walls. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? I do not see why you wouldnt be able to do what youre proposing except for the fact that it could bring along with it a lot of issues. Now as far as the law is concerned although your neighbor is not being a very good neighbor nor is he being very diplomatic, but I believe he still has a right to refuse the vinyl fencing whether or not he is paying a dime. Michael, thanks for the question. Complete Guide To Retaining Walls and Your Home | Square One If there was and the fence is being replaced you would ONLY HAVE TO PAY for the sections that run along your property line and absolutely nothing else. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. This definition also applies to freestanding pool walls. Your next step is to file a lawsuit against him in small claims! The fence is old and grey but was being maintained with new planks when needed. Eventually, we could no longer see the fence from our side. float: left; I bought my house last year and my neighbors decide to redo their fence . Good luck! ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. Would have to agree with Potential Customer partly. Examples of surcharges are: california civil code 841 retaining wall - handsawpress.com As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. This is due to your neighbor not following the required steps. Does this mean both neighbors are responsible for the cost of the retaining wall as well? I live downhill from a neighboring house which was built after my house. He came and did the job. Am I correct? Then let him know you would be willing to cover 100% of the costs as long as he is willing to switch to a vinyl fence. It clashed with the style of our house. This applies only if the fence is currently directly on the dividing lot line. Neighbor does not want half he wants full amount. Include good color pictures. This is very true OriginalWally, thank you very much for the information! He charge me $80 that I paid him because I am tired of being harrassed. Retaining wall responsibility | Legal Advice - LawGuru Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. Theyre so close that the trunks of the trees have pushed against the lower fence rail and caused the fence to separate from one of the posts and lean into my yard. We cant afford the cost for the fence that he wants($14k). Minimum Requirements for Retaining Wall/Level Backfill | Development What can we do? If they dont listen, then you can inform them you are monitoring and documenting the issue and when the time comes to replace the fence you will not be paying 50% of the costs due to their actions causing the premature failure. I do not think this qualifies for a Good neighbor fence. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. Without
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